KALAKOTI SOMIREDDI AND OTHERS Vs. STATE

JUDGEMENT

(1.) These appeals arise out of the Judgment of the Assistant Sessions Judge, Vijayawada, in Sessions Case No. 1 of 1957, convicting all the five accused in the case under section 120-B (1) Indian Penal Code and accused 2 and 4, in addition, under section 489-D, Indian Penal Code. The charge under section 120-B (1), Indian Penal Code was that in or about November, 1955, at Vijayawada, the five accused and the late Muddana Kannayya agreed to do or cause to be done the criminal act of counterfeiting hundred rupee currency notes. The charges under section 489-D, Indian Penal Code were that on or about 14-3-1956, the 2nd accused, at Vijayawada, had in his possession the blocks, M.Os. 2 to 5, for the purpose of counterfeiting hundred rupee currency notes and that on or about 19-3-1953, the 4th accused, at Kuthukalur, had in his possession the tredle parts, M.O. 6, the state emblem M.O. 7 and the inks etc. M. Os. 8 to 19 for the same purpose. For the offence under Section 120-B (1) Indian Penal Code, all the five accused were each sentenced to rigourous imprisonment for one year and a fine of Rs. 100/-. For the offence under section 489-D, Indian Penal Code, the 2nd accused was sentenced to rigourous imprisonment for five years and a fine of Rs. 100/- and the 4th accused was sentenced to rigorous imprisonment for one year and a fine of Rs. 100/-, these sentences being ordered to run concurrently with the sentence under section 120-B (1). Accused 1, 4 and 5 have preferred appeal No. 171 of 1957. The second accused has separately preferred Appeal No. 173 of 1957 but is absent and not represented by counsel. There is no appeal by the 3rd accused and this judgment is not concerned with his conviction and sentence.

(2.) The facts put forward by the prosecution are briefly these : The 1st accused, Somireddi, is a ryot in the village of Kunderu and was a friend and a former neighbour of Muddana Kannayya at Vijayawada. This Kannayya was an ex-convict for counter-feinting currency notes and was working in the village Swarajya Press and living at Chuttugunta in Vijayawada. The 2nd accused, Muddana Venkayya who is his younger brother was also living at Chuttugunta. The 3rd accused, Veerabhadram, was a shopkeeper at Rajahmundry. The 4th accused Ramireddi and the 5th accused Brahmanandarao were natives of Kuthukalur in East Godavari District and Kovvuru in West Godavari District respectively. In November 1955, accused 1 and 3 to 5 used to meet in Kannayya's house at Chuttugunta and to conspire about counterfeiting ten rupee and hundred rupee currency notes. This was observed by P. Ws. 2 and 6, besides the hostile witnesses P. Ws. 3 to 5 who are Kannayya's wife, nephew and brother respectively. On 9-1-1956, the 4th accused went to Gudivada accompanied by the 1st accused and Kannayya and purchased a printing treadle from P.W. 7. But Kannayya, who was the main architect of the conspiracy, died on 16-2-56. The 4th accused wrote a post card Ex. P-18 on 25-2-1956 to the 5th accused, informing the latter of Kannayya's death, enquiring whether any other competent person was available and asking the 5th accused to have a talk with the 3rd accused. In pursuance of Ex. P-18, the 3rd accused wrote a post card Ex. P-2 on 3-3-1956 to Kannayya's widow P. W. 3 and received in reply a post-card Ex. P-11 dated 10-3-1956 asking him to contact the 2nd accused. On 11-3-1956, as a result of information received, P. W. 18 the Grime Branch Circle Inspector arrested the 1st accused at about 4 P.M. near the Ryves Canal at Vijayawada. The 1st accused made a statement Ex. P-1 and took P.W. 18's party to the 2nd accused's house. M.Os. 2 to 5 were unearthed there in the presence of 2nd accused, who was immediately arrested. P.W. 18 registered the case Ex. P-25 and secured the post-card Ex. P.2 from Kannayya's wife P.W. 3. On the morning of 19-3-1956, P.W. 18 arrested the 3rd accused at the latter's shop at Rajahmundry and recovered the post-cards Exs. P-11 and P. 18 from him. On the same evening, he arrested the 4th accused at the latter's house at Kuthukalur and the 4th accused made a statement Ex. P-19 leading to the recovery of M. Os. 6 to 19 from his possession. On 10-4-1956, accused 3 and 4 were identified by the direct witnesses to the conspiracy at the identification parades conducted by the Magistrate P. W. 16. On 4-9-1956, after the charge-sheet had been laid, the C.I.D. Circle Inspector, P.W. 19, arrested the 5th accused, who had been absconding.

(3.) M.Os. 2 and 3 are blocks with the front side designs of a hundred rupee currency note. M. O. 2 contains the letters in English 'Reserve Bank of India' and 'One hundred rupees' and M. O. 3 contains the design of the lions. M. Os. 4 and 5 are blocks with the back side designs of a hundred rupee currency note. M. O. 4 contains the design of the tuskers and M. O. 5 contains the English letters 'One hundred rupees'. M. O. 7 contains the state emblem. The evidence of the Coin and Currency Expert, P. W. 17, is the M. Os. 2 to 5 can be used in the process of printing counterfeit hundred rupee notes, and that M. O. 7 can be used for printing the water mark on such notes. With regard to the inks M. Os. 8 to 19, he said that they can be used as colours for printing counterfeit currency notes, as also for other purposes like printing pictures and are easily available in the market. There can be no doubt, therefore, that M. Os. 2 to 5 and 7 are instruments for counterfeiting hundred rupee currency notes, although, it is seen from P. W. 17's evidence that one more block containing the part side design is necessary to complete the outfit.